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Georgia Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband bugged the house and has been watching me because he thinks I am cheating and I am not, is this legal?

I want a divorce because I am tired of him mistreating me. He is emotionally abusive and has been physically abusive in front of our daughter and he has a pending case against him that I tried to get dropped because he kept asking me to. I just want out of this marriage and to move on with my... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 27, 2021

You should work with an attorney who can help you with the proper course of action to move forward with the divorce. You may be able to get alimony, as well as child support. Consult with an attorney as soon as you can so this can be addressed.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What is the defendants between TPO and a special bond conditions
Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

The special Conditions of Bond flow against an arrestee when a crime has allegedly been committed. They exist during the pre-disposition portion of the case and if they are violated there are special charges that can apply.

A TPO is when a petitioner has asked the court to provide a layer...
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1 Answer | Asked in Family Law for Georgia on
Q: How long after a hearing can request a motion for a hearing on attorneys fees?
Michael D. Birchmore
Michael D. Birchmore answered on Sep 24, 2021

Ask your own lawyer who should have already requested them. You cannot get attorney fees awarded to you if you don't have an attorney.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: I have a 4 year old daughter I gave temporary guardianship to my sister I went to probate court to terminate

I have a four year old daughter I gave temporary guardianship to my sister I went to probate court to terminate the guardianship due to my sister not letting me visit my daughter or let my daughter spend the night with me she don’t let me see my daughter at all…..I have a mental health... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 24, 2021

We won't be able provide a reliable response on the information (lack of) provided. However, I would say that it is certainly a good start!!

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3 Answers | Asked in Family Law for Georgia on
Q: How do I pursue a modification of child support?
Regina Irene Edwards
Regina Irene Edwards answered on Sep 24, 2021

You can file a modification of child support in superior court.

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2 Answers | Asked in Family Law for Georgia on
Q: my wife has left our family, she is our sole provider, we have small children, what do i do,

i have police report of abandonment/child neglect, interview with children scheduled for next day or so,

Regina Irene Edwards
Regina Irene Edwards answered on Sep 23, 2021

Speak to an attorney about filing for divorce, custody, child support and alimony.

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1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: How do I find a pro bono lawyer for my custody case?!?! CAMDEN COUNTY, GA. I need help!!

I am starting to panic. I have exhausted every option, and I’m running out of time! My lawyer quit at the same time that my dad was in ICU for almost a month, I had a baby, my Aunt was hospitalized with COVID, my baby sister got married.... it was all so much at once.

My ex and I came to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 22, 2021

I’m sorry to hear you are going through a rough time. You can try contacting Legal Aid to see if you qualify for their assistance. Additionally, you can call the state bar to inquire about any pro bono attorneys in your area. Plus, most attorneys do take credit cards, which may make it easier for... Read more »

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Are all children considered when an amount for child support is decided or just the child in the case?

I have 6 children. I'm on child support for only one of them due to the mother lying to me about closing the case before the court date. I provide for all children and with this one child support case it's taking away from me providing for my other children as I used to. Does the fact... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 20, 2021

The court can only consider other children if they live with you or if you have a court order on child support for the other children that you are currently paying.

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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: If the petitioner of a child custody case in Georgia lied in the petition, can the other parent request the petition be
Homer P Jordan IV
Homer P Jordan IV answered on Sep 17, 2021

Be what? I don’t see the rest of your question. You may want to re-post it or consult with an attorney who can review your case in detail and provide you with guidance.

2 Answers | Asked in Family Law for Georgia on
Q: I know that if one person got everything and an attorney/ can’t I get alimony

We’ve been divorced forever and lived together even during our divorce. Now it’s been 19 years. He cheated. He has a girlfriend. We were living together as husband and wife. Can I take him to court for alimony?

Regina Irene Edwards
Regina Irene Edwards answered on Sep 13, 2021

No; alimony is for spouses.

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3 Answers | Asked in Family Law for Georgia on
Q: How do I win my custody case without having a lawyer?!

Temporary custody order is 50/50 with each of us having 3.5 days each week. My ex has a lawyer and is asking for full custody saying that I am an unfit parent. I haven’t been perfect, but I am far from unfit. I accidentally got pregnant shortly after our separation by an old friend. He has a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 13, 2021

For specific questions about your case, you need to consult with a family law attorney. We can't give trial strategy advice without reviewing a case and the evidence.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Define: "there shall be free and open communication and contact between both parents and the children at all times"

Decree says Under the parenting time arrangement. "there shall be free and open communication and contact between both parents and the children at all times" A separate "ordered and adjudged" paragraph requires us to discuss all major decisions & try our best to agree,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Sep 9, 2021

You may want to consult with an attorney who can review your arrangement and provide you with guidance. There needs to be open communication, but that doesn’t mean you have to be texted non-stop with every little thing. Perhaps he is doing this because he knows it irritates you.

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Final Judgement and Decree differs from Child Support Addendum?

So I’ve been divorced for awhile now but I’m confused what to go off of. The child support addendum originally stated that I paid 50% up to $300 per child for homeschool, and I don’t have to repeat payment if my ex decided to hold them back a year. I didn’t know, but my ex marked all this... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2021

You should consult with an attorney who can read the documents and give you advice on what your obligation is. We can't give advice based on a description of documents. We have to see them.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Just checking to see if this is still true and current in 2021?

B

Regina Irene Edwards
Regina Irene Edwards answered on Sep 2, 2021

Correct. The substance of the law hasn't changed -

Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.

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1 Answer | Asked in Family Law, Tax Law and Civil Rights for Georgia on
Q: Can my wife be held accountable to pay medical for my kid if I'm unemployed

I'm unemployed, my wife works. Can my wife be charged for benefits that a child received from my prior relationship? We're not under any child support order nor do we have any parental rights to the child. Is it legal for the State of Georgia to put a garnishment on my wife's income?

Homer P Jordan IV
Homer P Jordan IV answered on Aug 30, 2021

You are still married? Are you going through a divorce? We need more information regarding the situation in order to be able to provide you with guidance.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Can I request a bank statement to show the judge how my ex-husband was able to pay his bills?

My ex-husband filed child support modification due to a job loss, after COVID his company closed, my ex has an engineering degree, 12 y exp, judge ordered him to look for a job we had a court in June before the final hearing. My ex still can't find a job, he’s been out of work for almost a... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 30, 2021

It's possible to subpeona bank records so you can track spending and income. There isn't an easy way to explain the process. You have to issues the subpoenas, give notice to the other side and also know how to get them into evidence.

You should probably hire an attorney to assist you.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: He wants me out of the house we live in . Is there a legal way to stay

I am married we have been together for 28 years recently we are not getting along cause I cheated months ago

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

He cannot displace you while you remain married. If a divorce action is filed, the court will decide at that time what will happen with the property. You certainly should meet with competent divorce counsel. When you meet with the attorney, ask him/her to explain the term "condonation"... Read more »

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2 Answers | Asked in Child Custody, Family Law and Real Estate Law for Georgia on
Q: I Divorced my wife in Alabama. We have joint custody. She moved to Atlanta without required notice.

I don’t know where they reside nor can I talk to them. They sneak to call me. Do I need an attorney to file an objection and can I file in Alabama without an Attorney?

Regina Irene Edwards
Regina Irene Edwards answered on Aug 24, 2021

If you live in Alabama, you need to hire an Alabama attorney.

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2 Answers | Asked in Family Law, Civil Rights and Juvenile Law for Georgia on
Q: Dfcs is petitioning to remove my daughter's rights due to her substance abuse problem. Is there anything we can do?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 20, 2021

Absolutely. Find and retain an attorney who is experienced in handling cases involving DFCS.

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